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AN ACT concerning crimes and punishment; relating to sentencing;
proof of offender's criminal history; amending K.S.A. 21-4715 and re-
pealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 21-4715 is hereby amended to read as follows: 21-
4715. (a) The offender's criminal history shall be admitted in open court
by the offender or determined by a preponderance of the evidence at the
sentencing hearing by the sentencing judge.
(b) Except to the extent disputed in accordance with subsection (c),
the summary of the offender's criminal history prepared for the court by
the state shall satisfy the state's burden of proof regarding an offender's
criminal history.
(c) Upon receipt of the criminal history worksheet prepared for the
court, the offender shall immediately notify the district attorney and the
court with written notice of any error in the proposed criminal history
worksheet. The state shall have the burden of producing further evidence
to satisfy its burden of proof regarding any disputed part, or parts, of the
criminal history and the sentencing judge shall allow the state reasonable
time to produce such evidence to establish the disputed portion of the
criminal history by a preponderance of the evidence. Certification of suchevidence is sufficient. If such evidence is certified, it need not meet theauthentication requirements under K.S.A. 60-465 and amendmentsthereto.
Sec. 2. K.S.A. 21-4715 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.